KLOK-Revised Settlement Agreement by ricker07

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									     1                                                                      The Honorable Richard A. Jones
     2                                                                          United States District Judge
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    10                              UNITED STATES DISTRICT COURT
    11                             WESTERN DISTRICT OF WASHINGTON
    12                                       AT SEATTLE
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    14   B.H., M.A., A.S.D., M.F., H.L.,
    15   L.M.M.M., B.M., G.K., L.K.G., and D.W.,               No. CV11-2108-RAJ
    16   Individually and on Behalf of All Others
    17   Similarly Situated,1
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    19                             Plaintiffs,                 REVISED SETTLEMENT AGREEMENT
    20
    21                    v.
    22
    23   U.S. CITIZENSHIP AND
    24   IMMIGRATION SERVICES;
    25   EXECUTIVE OFFICE FOR
    26   IMMIGRATION REVIEW; Janet
    27   NAPOLITANO, Secretary, Department of
    28   Homeland Security; Alejandro
    29   MAYORKAS, Director, U.S. Citizenship
    30   and Immigration Services; Eric H.
    31   HOLDER, Jr., Attorney General of the
    32   United States; Juan OSUNA, Director,
    33   Executive Office for Immigration Review,
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    35                             Defendants.
    36
    37
    38   This Settlement Agreement (“Agreement”) is entered into by and between Named
    39   Plaintiffs B.H., M.A., A.S.D., M.F., H.L., L.M.M.M., B.M., G.K., L.K.G., and D.W., (the
    40   “Named Plaintiffs”) and the Class (defined in Section II.A. below) (collectively,
    41   “Plaintiffs”), and Defendants U.S. CITIZENSHIP AND IMMIGRATION SERVICES
    42   (“USCIS”); EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (“EOIR”); Janet
    43
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    44     The original caption for this action listed “A.B.T., K.M.-W., G.K., L.K.G., [and] D.W.” as the individual
    45   plaintiffs. This Notice will refer to this action as “ABT,” the Settlement Agreement in this action as “the
         ABT Settlement Agreement,” claimants under the Agreement as “ABT claimants,” and the individual claim
    46   review process under the Agreement as the “Individual ABT Claim Review process.”
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         Settlement Agreement, Page 1
     1   NAPOLITANO, Secretary, Department of Homeland Security; Alejandro MAYORKAS,
     2   Director, U.S. Citizenship and Immigration Services; Eric H. HOLDER, Jr., Attorney
     3   General of the United States; Juan OSUNA, Director, Executive Office for Immigration
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     4   Review (“Defendants”) (together with the Plaintiffs, the “Parties”), with reference to the
     5   facts recited herein.
     6
     7                                          I. RECITALS
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     9   WHEREAS:
    10
    11   A.      The Litigation.
    12
    13          1.     On December 15, 2011, Plaintiffs filed a putative class action complaint,
    14   challenging the Federal Government’s practices with respect to Employment
    15   Authorization Documents (“EAD”) for applicants for asylum;
    16
    17          2.      Plaintiffs are “all noncitizens in the United States who have been placed in
    18   removal proceedings, have filed a complete Form I-589, Application for Asylum and
    19   Withholding of Removal (“asylum application”), [and] have filed or will file a Form I-
    20   765, Application for Employment Authorization, pursuant to 8 C.F.R. § 274a.12(c)(8)”;
    21
    22         3.      On June 5, 2012, Plaintiffs amended their complaint. Defendants timely
    23   answered the amended complaint on June 19, 2012;
    24
    25           4.     The Action remains pending before the U.S. District Court for the Western
    26   District of Washington.
    27
    28   B.      Benefits of Settlement.
    29
    30          1.      The Parties recognize the need to draw to a close litigation of this Action,
    31   which has been pending for roughly a year, and desire to resolve the Action – after
    32   engaging in two productive mediation sessions – by entering into this Agreement, thereby
    33   avoiding the time and expense of further litigation;
    34
    35         2.      Plaintiffs, in consultation with their counsel, have determined that this
    36   Agreement is fair, reasonable, adequate and in the best interests of Plaintiffs; and
    37
    38           3.       Defendants deny that they have committed any act or omission giving rise
    39   to any liability, deny any wrongdoing, and state that they are entering into this Agreement
    40   solely to eliminate the uncertainties, burden, and expense of further protracted litigation.
    41   By entering into this Agreement, Defendants do not admit any factual allegations against
    42   them; do not concede any defense or objection to the Action; do not admit having
    43   violated any law, whether constitutional or statutory, federal or state; and do not admit
    44   having violated any regulation or administrative or judicial case law.
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         Settlement Agreement, Page 2
     1
     2        II. DEFINITIONS, CONDITIONS, AND MISCELLANEOUS PROVISIONS
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     4   NOW THEREFORE in recognition that the Parties and the interests of justice are best
     5   served by concluding the litigation, subject to the Court’s approval and entry of an order
     6   consistent with this Agreement, the undersigned Parties, through counsel, hereby
     7   stipulate and agree as follows:
     8
     9   A.      Definitions.
    10
    11          1.     Action. “Action” means the lawsuit of B.H., et al. v. United States
    12   Citizenship and Immigration Services, et al., No. CV11-2108-RAJ (W.D. Wash.).
    13
    14          2.      Application for Employment Authorization. “Application for employment
    15   authorization” means the Form I-765, Application for Employment Authorization.
    16
    17          3.      Asylum application. “Asylum application” means the Form I-589,
    18   Application for Asylum and Withholding of Removal.
    19
    20          4.     Class. The definition of the “Class,” as jointly proposed by the Parties and
    21   approved by the Court, is as follows:
    22
    23                    a.   Notice and Review Class: All noncitizens in the United States who
    24   meet all of the following criteria: (1) have filed or will file or lodge with Defendants a
    25   complete asylum application; (2) whose asylum applications have neither been approved
    26   nor subjected to a denial for which no rights of review or appeal remain; (3) whose
    27   applications for employment authorization have been or will be denied; (4) whose
    28   eligibility for employment authorization based on a pending asylum application will be
    29   determined in a manner that is alleged to provide insufficient notice and/or opportunity
    30   for review; and (5) who fall in one or more of the following Subclasses:
    31
    32                         i.      Hearing Subclass: Individuals who meet all of the
    33   following criteria: (1) who have been or will be issued a Form I-862, Notice to Appear in
    34   removal proceedings, or Form I-863, Notice of Referral to an immigration judge; (2) who
    35   have filed or lodged, or sought to lodge, or who will lodge or seek to lodge a complete
    36   defensive asylum application with the immigration court prior to a hearing before an
    37   immigration judge; and (3) whose eligibility for employment authorization has been or
    38   will be calculated from the date the asylum application was or will be filed at a hearing
    39   before an immigration judge.
    40
    41                       ii.        Prolonged Tolling Subclass: Asylum applicants who meet
    42   all of the following criteria: (1) non-detained asylum applicants whose time creditable
    43   toward employment authorization is or will be stopped due to delay attributed to them by
    44   Defendants; (2) who have allegedly resolved the issue causing the delay or will allegedly
    45   resolve the issue causing the delay prior to the next scheduled hearing before an
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         Settlement Agreement, Page 3
     1   immigration judge; (3) but whose time creditable toward employment authorization
     2   remains or will remain stopped until the next hearing date.
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     4                        iii.    Missed Asylum Interview Subclass: Asylum applicants
     5   who meet both of the following criteria: (1) who have failed or will fail to appear for an
     6   asylum interview with USCIS; and (2) who have not or will not accrue time creditable
     7   toward eligibility for employment authorization following the date of the missed asylum
     8   interview on account of missing that asylum interview.
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    10                       iv.       Remand Subclass: Asylum applicants who meet both of the
    11   following criteria: (1) whose asylum applications were or will be denied by the
    12   immigration court before they have been pending at least 180 days exclusive of applicant
    13   caused delays; and (2) who subsequent to an appeal in which either the Board of
    14   Immigration Appeals (BIA) or a federal court of appeals remands their case for further
    15   adjudication of their asylum claim by an immigration judge, have not or will not accrue
    16   additional time creditable toward eligibility for employment authorization.
    17
    18           5.     Class counsel. “Class counsel” means counsel appointed to represent the
    19   Class in accordance with Federal Rule of Civil Procedure 23(g), as follows:
    20
    21               Matt Adams
    22               Christopher Strawn
    23               NORTHWEST IMMIGRANT RIGHTS PROJECT (NWIRP)
    24               615 2nd Avenue, Suite 400
    25               Seattle, WA 98104
    26
    27               Melissa Crow
    28               Mary Kenney
    29               Emily Creighton
    30               AMERICAN IMMIGRATION COUNCIL (AIC)
    31               1331 G Street NW, Suite 200
    32               Washington, DC 20005
    33
    34               Robert H. Gibbs
    35               Robert Pauw
    36               GIBBS HOUSTON PAUW
    37               1000 Second Avenue, Suite 1600
    38               Seattle, WA 98104
    39
    40               Iris Gomez
    41               MASSACHUSETTS LAW REFORM INSTITUTE (MLRI)
    42               99 Chauncy Street, Suite 500
    43               Boston, MA 02111
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         Settlement Agreement, Page 4
     1           6.      Class member. “Class member” means a member of the Class.
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     3         7.    Court. “Court” means the U.S. District Court for the Western District of
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     4   Washington.
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     6           8.      EAD. “EAD” means Employment Authorization Document.
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     8          9.      Fairness Hearing. “Fairness Hearing” means the hearing required for Final
     9   Approval of the settlement pursuant to Federal Rule of Civil Procedure 23(e)(2) and
    10   described at Section II.B.5. of this Agreement.
    11
    12         10.     Individual ABT Claim Review. “Individual ABT Claim Review” refers to
    13   the exclusive process used by individual ABT claimants who allege to be Class or
    14   Subclass members and allege that USCIS and/or EOIR has failed to comply with terms of
    15   this Agreement, as described in Section II.C.11.b.
    16
    17          11.     Parties. “Party” or “parties” means the Defendants and the Plaintiffs,
    18   including all Class members.
    19
    20          12.      Preliminary Approval. “Preliminary Approval” means that the Court has
    21   granted the Parties’ Joint Motion for Preliminary Approval of Settlement as described in
    22   Section II.B.2. of this Agreement and ordered a Fairness Hearing.
    23
    24   B.      Conditions and Approval of Settlement.
    25
    26           1.       Effective Date of Agreement. After this Agreement has been executed by
    27   all Parties, it will become effective upon Preliminary Approval of the settlement by the
    28   Court.
    29
    30           2.     Submission of the Settlement Agreement to Court for Preliminary
    31   Approval. Within fifteen (15) days after execution of this Agreement, the Parties shall
    32   apply to the Court for Preliminary Approval of the settlement. The Parties shall file a
    33   Joint Motion for Preliminary Approval and Request for a Fairness Hearing, and they shall
    34   attach a copy of this Agreement, the proposed Notice to the Class, in the form of Exhibit
    35   A attached hereto, and such other documents that the Parties determine are necessary for
    36   the Court’s consideration. The Parties further agree to file by that same time a joint
    37   motion to stay proceedings pending the Court’s consideration of the matter.
    38
    39          3.      Effect of the Court’s Denial of the Agreement. If the Court rejects this
    40   Agreement, in whole or in part, or otherwise finds that the Agreement is not fair,
    41   reasonable, and adequate, this Agreement shall become null and void.
    42
    43           4.     Attorney’s Fees and Costs. The Parties have resolved the matter of fees
    44   arising from this litigation as follows: Within ninety (90) days of the Court’s Final
    45   Approval of the Agreement, as described in Section II.B.7., Defendants will deliver to
    46   Plaintiffs’ Counsel the sum of $425,000, in settlement of all claims for attorneys’ fees
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         Settlement Agreement, Page 5
     1   and costs that could have been or will be claimed in this litigation to date. Plaintiffs and
     2   Class members do not waive any claims to attorney’s fees and costs should future
     3   litigation pursuant to the Dispute Resolution Mechanism in Section II.C.11. be necessary.
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     5           5.      Fairness Hearing. At the Fairness Hearing, the Parties will jointly request
     6   that the Court approve the settlement as final, fair, reasonable, adequate and binding on
     7   the Class, all Class Members, and all Plaintiffs.
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     9           6.     Objections to Settlement. Within seven days following the Court’s
    10   Preliminary Approval of the Agreement, Defendants will post the Notice to the Class,
    11   attached as Exhibit A to this Agreement, on USCIS’ website and on EOIR’s website, post
    12   in all immigration courts, distribute to the EOIR pro bono list, and distribute to
    13   community-based organizations and other interested parties. Specifically, EOIR will post
    14   the notice on a bulletin board in the waiting room for each immigration court where there
    15   is such a bulletin board. This is where all notices to the public are typically posted, and
    16   aliens and their counsel should know to look for important notices there. In immigration
    17   courts that lack bulletin boards, EOIR will post the notice in the equivalent location
    18   where respondents and their counsel should know to look for notices. Additionally, to
    19   accommodate detained class members, EOIR will post the notice in a visible place in
    20   EOIR's space within each facility that is accessible to aliens and where aliens should
    21   know to look for important notices, where such a space is available. Each immigration
    22   court has a Court Administrator that can ensure that the notices will be available within
    23   the seven-day deadline. Plaintiffs will distribute the Notice to the Class, attached as
    24   Exhibit A to this Agreement, to all American Immigration Lawyers Association (AILA)
    25   chapters, and post on AILA InfoNet and on Northwest Immigrant Rights Project
    26   (NWIRP), American Immigration Council (AIC) and Massachusetts Law Reform
    27   Institute (MLRI) websites. Within thirty (30) days of issuance of the Notice to the Class,
    28   in the above-described manner, any Plaintiff who wishes to object to the fairness,
    29   reasonableness or adequacy of this Agreement or the settlement contemplated herein
    30   must file with the Clerk of Court and serve on the Parties a statement of objection setting
    31   forth the specific reason(s), if any, for the objection, including any legal support or
    32   evidence in support of the objection, grounds to support his or her status as a Plaintiff,
    33   and whether the Plaintiff intends to appear at the Fairness Hearing. The Parties will have
    34   thirty (30) days following the objection period in which to submit answers to any
    35   objections that are filed. The notice to the Clerk of the Court shall be sent to: Clerk, U.S.
    36   District Court for the Western District of Washington, 700 Stewart Street Seattle, WA
    37   98101, and both the envelope and letter shall state “Attention: A.B.T., et al. v. United
    38   States Citizenship and Immigration Services, No. CV11-2108-RAJ (W.D. Wash.).”
    39   Copies shall also be served on counsel for Plaintiffs and counsel for Defendants as set
    40   forth in the Notice to Class, Exhibit A.
    41
    42           7.      Final Approval.
    43
    44                 a.     The Court’s Final Approval of the settlement set forth in this
    45   Agreement shall consist of its orders granting each of the Parties’ requests made in
    46   connection with the Fairness Hearing, as described in Section II.B.5. of this Agreement,
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         Settlement Agreement, Page 6
     1   resolving all claims before the Court, and dismissing the Action with prejudice, with the
     2   exception that following Final Approval of this Agreement, the Court shall retain
     3   jurisdiction over only the following matters:
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     4
     5                       i.   claims by any party in accordance with the provisions laid out
     6   in Section II.C.11. hereto that any other party has committed a violation of this
     7   Agreement;
     8
     9                         ii.      the express repudiation of any of the terms of this Agreement
    10   by any party; and
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    12
    13                         iii. any applications for attorney fees and costs relating to Court
    14   enforcement of this Agreement under the dispute resolution provisions in Section
    15   II.C.11.a.iv. and II.C.11.b.vi. of this Agreement.
    16
    17   C.      Miscellaneous Provisions.
    18
    19           1.      Entire Agreement. This Agreement, including the Exhibit(s) and the
    20   notices, interim notices and other information described under the Terms of Agreement at
    21   Section III.A., constitutes the entire agreement between the Parties with respect to the
    22   Action and claims released or discharged by the Agreement, and supersedes all prior
    23   discussions, agreements and understandings, both written and oral, among the Parties in
    24   connection therewith.
    25
    26          2.      No modification. No change or modification of this Agreement shall be
    27   valid unless it is contained in writing and signed by or on behalf of Plaintiffs and
    28   Defendants and approved by the Court.
    29
    30          3.      Full and Final Settlement. The Parties intend that the execution and
    31   performance of this Agreement shall, as provided above, be effective as a full and final
    32   settlement of and shall fully dispose of all claims and issues that Plaintiffs raise against
    33   Defendants in the Action. The Parties acknowledge that this Agreement is fully binding
    34   upon them during the life of the Agreement.
    35
    36           4.       Severability. If any provision of this Agreement is declared null, void,
    37   invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in
    38   full force and effect.
    39
    40           5.     Notices. All notices required or permitted under or pertaining to this
    41   Agreement shall be in writing and delivered by any method providing proof of delivery.
    42   Any notice shall be deemed to have been completed upon mailing. Notices shall be
    43   delivered to the Parties at the following addresses until a different address has been
    44   designated by notice to the other Party:
    45
    46                   TO PLAINTIFFS:
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         Settlement Agreement, Page 7
     1
     2                   Matt Adams
     3                   NORTHWEST IMMIGRANT RIGHTS PROJECT
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     4                   615 2nd Avenue, Suite 400
     5                   Seattle, WA 98104
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     7                   TO DEFENDANTS:
     8
     9                   J. Max Weintraub
    10                   Senior Litigation Counsel
    11                   United States Department of Justice
    12                   Civil Division
    13                   Office of Immigration Litigation – District Court Section
    14                   P.O. Box 868, Ben Franklin Station
    15                   Washington, D.C. 20044
    16
    17           6.      Opportunity to Review. The Parties acknowledge and agree that they have
    18   reviewed this Agreement with legal counsel and agree to the particular language of the
    19   provisions it contains. In the event of an ambiguity in or dispute regarding the
    20   interpretation of the Agreement, interpretation of the Agreement shall not be resolved by
    21   any rule providing for interpretation against the drafter. The Parties expressly agree that
    22   in the event of an ambiguity or dispute regarding the interpretation of this Agreement, the
    23   Agreement will be interpreted as if each Party hereto participated in the drafting hereof.
    24
    25           7.     Construction of Agreement. This Agreement involves compromises of the
    26   Parties’ previously stated legal positions in connection with the Action. Accordingly, this
    27   Agreement does not reflect upon the Parties’ views as to rights and obligations with
    28   respect to matters or persons outside of the scope of this Agreement.
    29
    30          8.      Execution of Other Documents. Each party agrees to execute and deliver
    31   such other documents and instruments and to take further action as may be reasonably
    32   necessary to fully carry out the intent and purposes of this Agreement.
    33
    34          9.     No Precedential Value. This Agreement, whether or not executed, and any
    35   proceedings taken pursuant to it:
    36
    37                  a.      Shall not be offered or received against any party as evidence of,
    38   or construed as or deemed to be evidence of, any presumption, concession, or admission
    39   by any of the Parties of the truth in any fact of the validity of any claim that had been or
    40   could have been asserted in the action, or any liability, negligence, fault, or wrongdoing
    41   of the Defendants; or any admission by the Defendants of any violations of, or failure to
    42   comply with, the Constitution, laws or regulations; and
    43
    44                b.      Shall not be offered or received against the Defendants as evidence
    45   of a presumption, concession, or admission of any liability, negligence, fault,
    46   wrongdoing, or in any other way referred to for any other reason as against the Parties to
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         Settlement Agreement, Page 8
     1   this Agreement, in any other civil, criminal, or administrative action or proceedings, other
     2   than in proceedings to enforce this Agreement; provided, however, that if this Agreement
     3   is approved by the Court, Defendants may refer to it and rely upon it to effectuate the
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     4   liability protection granted them hereunder.
     5
     6           10.     Headings. The Parties agree the captions or underlined paragraph headings
     7   in this Agreement are included in the Agreement solely for the convenience of the
     8   Parties, are not part of the terms and conditions of the Agreement, and do not limit, alter,
     9   or otherwise affect the provisions of, and the Parties’ rights and obligations under, this
    10   Agreement.
    11
    12           11.     Dispute Resolution Mechanism. With regard to claims raised in the Action
    13   and resolved by this Agreement, the dispute resolution provisions described below shall
    14   provide the sole means to challenge performance of obligations arising under this
    15   Agreement. Claims alleging that a Party has failed to comply with the terms of this
    16   Agreement with respect to the entire Class or an entire Subclass, or multiple members of
    17   the Class or a Subclass must be brought pursuant to subparagraph (a) and as further
    18   provided by subparagraphs (c) – (f) below. Claims alleging that Defendants have failed to
    19   comply with the terms of this Agreement with respect to individual asylum applicants
    20   alleging to be Class members (individual ABT claimants) must be brought pursuant to
    21   the “Individual ABT Claim Review” process, described in subparagraph (b) and as
    22   further provided by subparagraphs (c) - (f) below. This Agreement shall not affect or in
    23   any way limit the ability of parties, individuals, groups, or classes to challenge or obtain
    24   review of claims not resolved by or arising under this Agreement (including those claims
    25   listed in subparagraph (b)(ii) below) through any existing right or authority under law,
    26   regulations, or applicable procedures.
    27
    28                   a.      Dispute Resolution Terms for multiple Class or Subclass members.
    29
    30                             i.   For allegations that a party has failed to comply with the
    31   terms of this Agreement with respect to the entire Class or an entire Subclass, or multiple
    32   members of the Class or a Subclass, the complaining party (“complaining party”) shall
    33   notify the other party (“responding party”) in writing of the specific ground(s) upon
    34   which they base their claim of non-compliance with this Agreement, substantiated with
    35   specific, detailed, and timely information about the alleged non-compliance sufficient to
    36   enable the responding party to investigate and respond.
    37
    38                            ii. Within forty-five (45) days after the responding party
    39   receives notice of the allegation of non-compliance with this Agreement from the
    40   complaining party in accordance with subparagraph (a)(i) above, the responding party
    41   shall notify the complaining party in writing of the results of the responding party’s
    42   investigation of facts and any action that it has taken or intends to take in connection with
    43   allegation of non-compliance.
    44
    45                         iii. Should any dispute remain after a party has undertaken the
    46   dispute resolution mechanism set forth in subparagraphs (a)(i) – (ii) above, the parties
    47
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         Settlement Agreement, Page 9
     1   shall negotiate in good faith to resolve any such remaining disputes within thirty (30)
     2   days from the date the responding party sends notification of the results of its
     3   investigation under subparagraph (a)(ii) above.
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     4
     5                          iv.    Should the parties be unable to resolve any dispute, and
     6   following implementation of the provisions of subparagraphs (a)(i) – (iii) above, the
     7   complaining party may apply to the Court for enforcement of this Agreement. The
     8   complaining party shall notify the responding party of its intent to do so before applying
     9   to the Court for enforcement of the Agreement. Any actions brought to the Court under
    10   subparagraph (a) must be brought by either Defendants USCIS or EOIR or by Class
    11   counsel appointed to represent Plaintiffs in accordance with Section II.A.5. of this
    12   Agreement.
    13
    14                   b.      Individual ABT Claim Review.
    15
    16                            i.   The Individual ABT Claim Review process shall be the
    17   exclusive process used by individual ABT claimants who allege that they are Class or
    18   Subclass members and that USCIS and/or EOIR has failed to comply with the terms of
    19   this Agreement. Nothing in this subparagraph limits an individual ABT claimant’s ability
    20   to join a multi-member Class or Subclass challenge under subparagraph (a) above. An
    21   individual ABT claimant may only utilize the Individual ABT Claim Review process to
    22   challenge compliance with this Agreement. Specifically, individual ABT claimants may
    23   only raise the following claims under this review process:
    24
    25                                   (I)     An individual ABT claimant was not provided with
    26                                           the notice referenced in Section I.A.1. of this
    27                                           Agreement (“notice”) when he/she lodged or filed
    28                                           his/her asylum application with the immigration
    29                                           court, or when USCIS referred his/her case to the
    30                                           immigration court.
    31
    32                                   (II)    EOIR did not make the notice available at
    33                                           subsequent hearings before the immigration court.
    34
    35                                   (III)   EOIR did not stamp the individual ABT claimant’s
    36                                           complete defensive asylum application at the
    37                                           immigration court clerk’s window, mark as “lodged
    38                                           not filed,” and return it to the claimant, or prevented
    39                                           or otherwise deterred the ABT claimant from
    40                                           lodging a complete asylum application.
    41
    42                                   (IV)    In adjudicating an application for employment
    43                                           authorization, USCIS did not use the date on which
    44                                           an individual ABT claimant “lodged” his or her
    45                                           asylum application at an immigration court clerk’s
    46
    47
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         Settlement Agreement, Page 10
     1                                          window as the filing date for the purposes of EAD
     2                                          eligibility.
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     4                                   (V)    USCIS did not mail a Failure to Appear Warning
     5                                          Letter to the individual ABT claimant after the
     6                                          claimant failed to appear for an asylum interview
     7                                          with a USCIS Asylum Office.
     8
     9                                   (VI)   Where an individual ABT claimant failed to appear
    10                                          at a scheduled asylum interview with a USCIS
    11                                          Asylum Office, and the claimant did not attempt to
    12                                          reschedule his or her asylum interview with a
    13                                          USCIS Asylum Office, USCIS did not wait forty-
    14                                          five (45) days prior to issuance of a decision
    15                                          referring the asylum application to an immigration
    16                                          judge.
    17
    18                                   (VII) USCIS did not include a Referral Notice for Failure
    19                                         to Appear when referring an individual ABT
    20                                         claimant’s asylum application to an immigration
    21                                         judge after the claimant missed an asylum interview
    22                                         and did not reschedule that interview within forty-
    23                                         five (45) days.
    24
    25                                   (VIII) After an ABT claimant requested a determination
    26                                          on exceptional circumstances referenced in Section
    27                                          I.A.4. of this Agreement, USCIS did not provide the
    28                                          individual ABT claimant and/or his or her
    29                                          representative of record with a determination letter,
    30                                          with notification of the determination to U.S.
    31                                          Immigration and Customs Enforcement’s Office of
    32                                          the Principal Legal Advisor (“ICE OPLA”).
    33
    34                                   (IX)   After the Asylum Office reopened jurisdiction over
    35                                          an individual ABT claimant’s asylum case, where
    36                                          the claimant had missed an asylum interview but
    37                                          later established exceptional circumstances with a
    38                                          USCIS Asylum Office and where an immigration
    39                                          judge dismissed proceedings, USCIS did not restart
    40                                          the time period for asylum adjudication and EAD
    41                                          eligibility on the date that the ABT claimant
    42                                          appeared for a rescheduled interview.
    43
    44                                   (X)    In adjudicating an application for employment
    45                                          authorization, USCIS did not credit the applicant
    46                                          with the number of days that elapsed between the
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 11
     1                                          immigration judge’s initial denial of the individual
     2                                          ABT claimant’s asylum claim and the date of the
     3                                          BIA’s remand order for the purposes of EAD
`
     4                                          eligibility.
     5
     6                             ii. The following non-exhaustive list of claims cannot be
     7   challenged through the Individual ABT Claim Review process; however, this Agreement
     8   shall not affect or in any way limit the ability of parties, individuals, groups, or classes to
     9   challenge or obtain review of claims not resolved by this Agreement through any existing
    10   right or authority under law, regulations, or applicable procedures.
    11
    12                                   (I)    A challenge to whether an immigration judge made
    13                                          the reason(s) for the case adjournment clear on the
    14                                          record.
    15
    16                                   (II)   A challenge to whether the immigration judge
    17                                          offered a non-detained individual ABT claimant an
    18                                          expedited hearing date that was a minimum of
    19                                          forty-five (45) days from the last master calendar
    20                                          hearing.
    21
    22                            iii. Individual asylum applicants alleging to be Class or
    23   Subclass members who believe that USCIS and/or EOIR have failed to comply with the
    24   terms of this Agreement as required under Section III.A. (i.e., individual ABT claimants)
    25   must complete and submit to USCIS and/or EOIR, as appropriate, an ABT Claim Form
    26   (attached to this Agreement as Exhibit B), detailing the basis for the alleged violation of
    27   the Agreement, together with copies of any documents, applications, receipts, notices,
    28   and/or letters in their possession that are requested in the ABT Claim Form or that the
    29   individual ABT claimants believe support their claim(s). Included in the ABT Claim
    30   Form, the individual ABT claimant must designate which ground he/she is claiming the
    31   Defendant(s) is/are noncompliant with in this Agreement (as enumerated in subparagraph
    32   (b)(i) above).
    33
    34                           iv.   Within forty-five (45) days after USCIS and/or EOIR’s
    35   receipt of an ABT Claim Form in accordance with subparagraph (b)(iii) above, USCIS
    36   and/or EOIR will mail the claimant and/or his or her representative or record, if any,
    37   either a written Final Notice or a Notice of Preliminary Findings, as described in clause
    38   (I) and/or (II) below:
    39
    40                                   (I)     The Final Notice will include the results of USCIS’s
    41                                   and/or EOIR’s investigation of the facts as follows: (1) a
    42                                   determination of whether or not the claimant is a Class or
    43                                   Subclass member; (2) if the individual claimant is found to
    44                                   be a Class or Subclass member, a determination of whether
    45                                   a violation of the Agreement occurred with respect to the
    46                                   individual ABT claimant; (3) a description of any
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 12
     1                                   corrective action that it has taken or intends to take to
     2                                   remedy the violation (if any); and (4) in the event USCIS
     3                                   and/or EOIR determines that the individual ABT claimant
`
     4                                   is not a member of a Class or Subclass, or has not stated a
     5                                   claim cognizable under the Agreement, instructions
     6                                   regarding seeking review of that determination or any
     7                                   corrective action, as further described in subparagraph (vi)
     8                                   below.
     9
    10                                   (II)    The Notice of Preliminary Findings will explain the
    11                                   basis for USCIS and/or EOIR’s belief that the claimant is
    12                                   not a Class or Subclass member, or that there was no
    13                                   violation of the Agreement, and request additional
    14                                   information and/or evidence from the individual ABT
    15                                   claimant. If USCIS and/or EOIR send a Notice of
    16                                   Preliminary Findings, the applicant will have thirty (30)
    17                                   days (the “supplementation period”) to submit additional
    18                                   written evidence or information to remedy the perceived
    19                                   deficiency. After the supplementation period has elapsed
    20                                   with no response from the individual ABT claimant, or
    21                                   within thirty days following timely receipt of any
    22                                   supplemental documents or information from the claimant,
    23                                   USCIS and/or EOIR will send a Final Notice, as described
    24                                   in clause (I) above, to the claimant and/or his or her counsel
    25                                   of record.
    26
    27                             v.  Should any dispute remain after an individual ABT
    28   claimant has undertaken the dispute resolution mechanism in subparagraph (b) above, the
    29   parties may negotiate in good faith to resolve any such remaining disputes within thirty
    30   (30) days from when USCIS and/or EOIR mailed the Final Notice under subparagraph
    31   (b)(iv) above. By way of example and not limitation, if a claim is granted, but the
    32   complaining party believes that the corrective action described in the Final Notice
    33   granting the claim is insufficient to correct error, he or she may attempt to negotiate a
    34   resolution of that dispute.
    35
    36                            vi.   Should the parties be unable to resolve a dispute, and
    37   following implementation of the provisions of subparagraphs (b)(i) – (v) above,
    38   individual ABT claimants may apply to the Court for enforcement of this
    39   Agreement. The parties agree that individual ABT claimants shall not apply to the Court
    40   for enforcement of the Agreement until applicable procedures detailed in subparagraph
    41   (b) above have been exhausted, and subject to the further terms and limitation provided in
    42   this Section II.C.11. The individual ABT claimants shall notify the Defendants of their
    43   intent to do so before applying to the Court for the enforcement of the Agreement.
    44
    45                 c.      All claims arising under this Agreement, pursuant to subparagraph
    46   (a) above must be raised by Class counsel as soon as possible, but no later than 180 days
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 13
     1   after discovery of the claim; or in the case of individual ABT claimants seeking to
     2   implement the Individual ABT Claim Review process pursuant to subparagraph (b)
     3   above, as soon as possible, but by no later than 180 days following the denial of an
`
     4   application for employment authorization, based on an alleged violation of the terms
     5   provided under this Agreement.
     6
     7                  d.     The Parties agree that the provisions in Section II.C.11. will not be
     8   used to resolve any disputes regarding timeliness of the reports listed in Section II.C.13.
     9   of the Agreement. The Parties agree that failure to comply with the time periods or
    10   deadlines described in Section II.C.11. shall not constitute separate violations of this
    11   Agreement; however, if a responding party fails to respond to a claim presented in
    12   Section II.C.11. within the prescribed time period or by the required deadline, the
    13   complaining party may proceed to seek further review of the claim from the Court, or as
    14   otherwise provided in this Agreement.
    15
    16                 e.      Defendants agree to use reasonable and good faith efforts to
    17   implement the procedures described in this Agreement in a manner that avoids
    18   unnecessary interruption of asylum seekers’ employment authorization where eligible,
    19   and that facilitates eligible asylum applicants’ ability to provide documentation in
    20   accordance with the requirements of 8 U.S.C. § 1324a(b) and 8 C.F.R. § 274a.2.
    21
    22                  f.     The Parties agree that these dispute resolution terms in Section
    23   II.C.11. of this Agreement will terminate 180 days after the Termination Date of the
    24   Agreement under Section II.C.14. of this Agreement and, subject to the limitations
    25   described in subparagraph (c) above, all pending claims have been resolved under this
    26   paragraph.
    27
    28          12.     Applicable Law. This Agreement and its terms shall be construed in
    29   accordance with the law of the United States of America and the United States Court of
    30   Appeals for the Ninth Circuit.
    31
    32           13.     Periodic Reporting of Defendants. Because full implementation of each of
    33   the terms of this Agreement will take time (with settlement terms referenced in Sections
    34   III.A.1. and III.A.2., below, taking up to twenty-four (24) months from the Effective Date
    35   of this Agreement), Defendants agree to submit reports every six (6) months to Plaintiffs
    36   and file them with the Court detailing the progress made towards implementation of the
    37   settlement terms. When Defendants determine that a settlement term is fully
    38   implemented, they shall submit a report explaining the reasons for this conclusion to
    39   Plaintiffs and file it with the Court.
    40
    41           14.    Termination Date. This Agreement and all of its terms, and all rights
    42   acquired hereunder, shall end either four (4) years following the full implementation of
    43   all the terms of Agreement, as documented by Defendants’ reports to Plaintiffs and the
    44   Court with respect to each settlement term (described in Section II.C.13., above) of this
    45   Agreement, or upon the following date: the Effective Date of this Agreement plus six (6)
    46   years, whichever shall first occur.
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 14
     1
     2           15.     Nothing in this Agreement shall prevent Defendants EOIR and/or USCIS
     3   from amending their regulations, manuals, policies, procedures, and/or practices as
`
     4   necessary or for purposes of complying with applicable statutory changes and/or
     5   precedential decisions, provided that Defendants continue to comply with all of their
     6   obligations under the terms of this Agreement. Should either Defendant determine that a
     7   change in law, whether statutory or by precedent decision, necessitates a change in their
     8   regulations, manuals, policies, procedures, and/or practices that would conflict with one
     9   or more of its obligations under the Agreement, the Parties shall attempt to reach an
    10   agreement with respect to the Defendant’s continuing obligations under the Agreement
    11   and/or any amendments to this Agreement, pursuant to procedures outlined in Section
    12   II.11.a. of this Agreement. Should the Parties fail to agree, the question of how the
    13   Defendant’s continuing obligations under the Agreement are affected by the change in
    14   the law will be submitted to the Court pursuant to Section II.11.a.iv. of this Agreement.
    15
    16                              III. TERMS OF THE AGREEMENT
    17
    18   A.      By this Agreement, Defendants have agreed to modify certain of their processes,
    19   policies, procedures, and practices. The terms of this Agreement shall apply to members
    20   of the Class commencing from the date upon which each of the changes, including
    21   interim changes, described herein are implemented, as further described below.
    22
    23           1.      Notice & Review Claim.
    24
    25                   a.      Defendant EOIR will amend the November 15, 2011, Operating
    26   Policies and Procedures Memorandum 11-02: The Asylum Clock from Chief
    27   Immigration Judge Brian O'Leary, to state that an immigration judge must make the
    28   reason(s) for the case adjournment clear on the record. Furthermore, Defendants will
    29   provide general information, jointly produced by Defendants EOIR and USCIS, who
    30   shall work in good faith with Plaintiffs’ counsel, regarding employment authorization for
    31   individuals with pending asylum applications, including where to obtain case-specific
    32   information, the impact of hearing adjournment codes on EAD eligibility, and where to
    33   direct inquiries relating to requests to correct hearing adjournment codes and inquiries
    34   relating to EAD eligibility. Defendant EOIR will provide the notice to an asylum
    35   applicant when an asylum application is lodged or filed with an immigration court. In
    36   addition, EOIR will make a copy of the notice available at each hearing. USCIS will
    37   make the information publicly available, including providing the notice to an asylum
    38   applicant upon referral. While the content of the EAD denial letter cannot be determined
    39   at this time, USCIS agrees to consider in good faith input from Plaintiffs’ counsel as to
    40   the language and content of the EAD denial letter.
    41
    42                   b.    Defendants will amend the November 15, 2011, Operating Policies
    43   and Procedures Memorandum 11-02: The Asylum Clock from Chief Immigration Judge
    44   Brian O'Leary, within six (6) months of the Effective Date of this Agreement. With
    45   regard to the remaining resolutions described in subparagraph (a) above, Defendants will
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 15
     1   implement these resolutions as soon as possible, but no later than twenty-four (24)
     2   months from the Effective Date of this Agreement.
     3
`
     4                  c.      In the interim, Defendants will implement the following
     5   procedures to provide relief to affected Class members: Defendants will work with
     6   Plaintiffs’ counsel to create an interim notice regarding employment authorization for
     7   individuals with pending asylum applications within six (6) months of the Effective Date
     8   of this Agreement. Defendants will also provide contact information for inquiries
     9   regarding requests to correct the calculation of the asylum adjudications period before the
    10   Asylum Office, hearing adjournment codes before the immigration court, and asylum-
    11   related EAD denials.
    12
    13                 d.      Class members who have appeared or who will appear before
    14   EOIR or USCIS prior to the Defendants’ implementation of these settlement terms shall
    15   not have a cause of action against the Defendants arising from the fact that they were not
    16   previously afforded the relief described herein as pertains to the Notice and Review
    17   Claim.
    18
    19                   e.     The interim and final relief described in this Agreement in Section
    20   III.A.1. shall apply prospectively to Notice and Review Class members at the time that
    21   these settlement terms are implemented.
    22
    23           2.      Hearing Claim.
    24
    25                  a.      Defendant EOIR will accept complete defensive asylum
    26   applications at the immigration court clerk's window as “lodged not filed.” EOIR will
    27   transmit the “lodged not filed” date to USCIS. The applicant will submit a Form I-765,
    28   Application for Employment Authorization, to USCIS, along with a copy of the asylum
    29   application that the EOIR immigration court clerk stamped “lodged not filed.” An asylum
    30   applicant may only lodge a complete asylum application once. If an asylum application is
    31   lodged, it must be lodged before that application is filed with an immigration judge. The
    32   requirement that an asylum application be filed before an immigration judge will not
    33   change. Defendant EOIR considers the asylum application “filed” on the date an
    34   immigration judge accepts the application at a hearing. Defendant USCIS will consider
    35   the date on which the asylum application was “lodged not filed” at the EOIR clerk’s
    36   window as an application filing date for the purpose of calculating the time period for
    37   EAD eligibility. Defendants will implement these resolutions as soon as possible but no
    38   later than twenty-four (24) months from the Effective Date of this Agreement.
    39
    40                  b.     In the interim, Defendants will implement the following
    41   procedures to provide relief to affected Class members: If an asylum application is
    42   submitted to an immigration court outside of a hearing before an immigration judge, the
    43   asylum application will be stamped “lodged not filed” by a clerk at the EOIR court at
    44   which the application is lodged. When filing a Form I-765, Application for Employment
    45   Authorization, with USCIS, the applicant will submit a copy of the asylum application
    46   that an EOIR immigration clerk stamped “lodged not filed.” In adjudicating the
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 16
     1   application for employment authorization, USCIS will consider the date on which the
     2   application was stamped “lodged not filed” as the application filing date for the purpose
     3   of calculating the time period for EAD eligibility. Defendants will implement these
`
     4   resolutions within six (6) months of the Effective Date of this Agreement.
     5
     6                  c.     Hearing Subclass members who are or will be in immigration
     7   proceedings before EOIR prior to the Defendants’ implementation of these settlement
     8   terms shall not have a cause of action against the Defendants arising from the fact that
     9   they were not previously afforded the relief described herein as pertains to the Hearing
    10   Claim.
    11
    12                   d.      The interim and final relief described in this Agreement at Section
    13   III.A.2. shall apply prospectively to Hearing Subclass members whose asylum
    14   applications have not previously been deemed filed by an immigration judge at a hearing
    15   at the time that these settlement terms are implemented.
    16
    17           3.      Prolonged Tolling Claim.
    18
    19                  a.     Defendant EOIR will amend the November 15, 2011, Operating
    20   Policies and Procedures Memorandum 11-02: The Asylum Clock from Chief
    21   Immigration Judge Brian O’Leary, to change section VI.E.2.c. (“Proceedings Before the
    22   Immigration Court: Offering Future Hearing Dates: Expedited Cases: Offering an
    23   ‘Expedited Asylum Hearing Date’”) from “minimum of 14 days should be allowed” to
    24   “minimum of 45 days must be allowed.” Defendant EOIR will add an exception for
    25   detained cases, in which the “minimum of 14 days” time period will remain. Defendants
    26   will implement these resolutions within six (6) months of the Effective Date of this
    27   Agreement.
    28
    29                  b.     Prolonged Tolling Subclass members who have appeared or who
    30   will appear before EOIR prior to the Defendants’ implementation of these settlement
    31   terms shall not have a cause of action against the Defendants arising from the fact that
    32   they were not previously afforded the relief described herein as pertains to the Prolonged
    33   Tolling Claim.
    34
    35                   c.     The interim and final relief described in this Agreement in Section
    36   III.A.3. shall apply to prolonged tolling Subclass members in immigration proceedings
    37   who have not had their merits hearing calendared for the first time before EOIR at the
    38   time these settlement terms are implemented, and shall apply prospectively.
    39
    40           4.      Missed Asylum Interview Claim.
    41
    42                  a.      Defendant USCIS will mail a “Failure to Appear” Warning Letter
    43   as soon as possible after an asylum applicant misses an interview. The letter will describe
    44   the effect of the failure to appear on EAD eligibility and list procedural steps the
    45   applicant must take to establish “good cause” for failing to appear for the interview. It
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 17
     1   will also describe the effect of failing to respond to the warning letter within a forty-five
     2   (45) day period.
     3
`
     4                  b.     Defendant USCIS will extend the period prior to issuance of a
     5   decision (including a referral letter) from fifteen (15) to forty-five (45) calendar days,
     6   during which time submission of an excuse for missing an interview will be treated as a
     7   request to reschedule under the Asylum Division’s Affirmative Asylum Procedures
     8   Manual and the “good cause” standard will apply.
     9
    10                   c.      Defendant USCIS will include a new “Referral Notice for Failure
    11   to Appear” with charging documents mailed to the applicant. This notice will describe the
    12   effect of the failure to appear on EAD eligibility and list procedural steps the applicant
    13   must take to establish “exceptional circumstances” with an Asylum Office.
    14
    15                   d.     Defendants will provide Plaintiffs' counsel with drafts of the
    16   “Failure to Appear” Warning Letter and the “Referral Notice for Failure to Appear” and
    17   will consider their input in good faith before finalizing these documents.
    18
    19                   e.      Defendant USCIS will revise the process of establishing
    20   exceptional circumstances with an Asylum Office as follows. Upon determining whether
    21   exceptional circumstances exist, the Asylum Office will issue a determination letter to the
    22   applicant and/or his or her representative of record, and notify ICE OPLA of the
    23   determination. If the Asylum Office determines that exceptional circumstances exist, the
    24   applicant may then request that ICE OPLA file a joint motion for dismissal of
    25   immigration proceedings. If the proceedings are dismissed, and the asylum application is
    26   returned to the Asylum Office, the Asylum Office will reopen the asylum application and
    27   take jurisdiction over the applicant’s case.
    28
    29                  f.      Defendant USCIS will restart the 180-day time period for
    30   determining asylum adjudication and EAD eligibility following the resolution of the
    31   missed interview based on exceptional circumstances. If the applicant establishes
    32   exceptional circumstances, and the application is returned to the Asylum Division, the
    33   time period for determining asylum adjudication and EAD eligibility, which stopped on
    34   the date of the failure to appear, would restart on the date the applicant appears for the
    35   rescheduled interview at an Asylum Office.
    36
    37                   g.     Defendants will implement these resolutions in subparagraph (a) –
    38   (f) within six (6) months of the Effective Date of this Agreement.
    39
    40                  h.      Missed Asylum Interview Subclass members who have appeared
    41   or who will appear before USCIS prior to the Defendants’ implementation of the
    42   settlement terms shall not have a cause of action against the Defendants arising from the
    43   fact that they were not previously afforded the relief described herein as pertains to the
    44   Missed Asylum Interview Claim.
    45
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 18
     1                  i.      The relief described in this Agreement in Section III.A.4., shall
     2   apply to Missed Asylum Interview Subclass members who have filed or will file an
     3   asylum application with USCIS and who have not yet had that application referred to an
`
     4   immigration judge at the time that the Defendants implement these settlement terms, and
     5   shall apply prospectively. This paragraph does not preclude any Class member from
     6   seeking relief under the provisions of the Affirmative Asylum Procedures Manual dated
     7   November 2007 (revised July 2010) pre-dating this Agreement in Section I (1), page. 91-
     8   92, regarding post-referral review of exceptional circumstances.
     9
    10           5.      Remand Claim.
    11
    12                  a.     Following a BIA remand of a case for the adjudication of an
    13   asylum claim, whether on appeal from an immigration judge decision or following a
    14   remand from a U.S. Court of Appeals, for purposes of EAD eligibility, the applicant will
    15   be credited with the number of days that elapsed between the initial immigration judge
    16   denial and the date of the BIA remand order. In addition, the applicant will accrue time
    17   creditable toward employment authorization from the date of the BIA remand order going
    18   forward, exclusive of applicant caused delays. An asylum applicant seeking employment
    19   authorization must attach a copy of the complete BIA order remanding the case for the
    20   adjudication of an asylum claim to the immigration court to his or her application for
    21   employment authorization.
    22
    23                  b.     Remand Subclass members who have appeared or who will appear
    24   before EOIR prior to the Defendants’ implementation of these settlement terms shall not
    25   have a cause of action against the Defendants arising from the fact that they were not
    26   previously afforded the relief described herein as pertains to the Remand Claim.
    27
    28                  c.       The relief described in this Agreement in Section III.A.5. shall
    29   apply to all Remand Subclass members whose asylum cases have been remanded and
    30   whose asylum cases are pending before EOIR at the time the Defendants implement these
    31   settlement terms, and shall apply prospectively. Defendants will implement these
    32   resolutions within six (6) months of the Effective Date of this Agreement.
    33
    34   B.      EADs for Named Plaintiffs. The named plaintiffs and relatives of named
    35   plaintiffs who received limited 240-day EADs pursuant to the Parties’ earlier agreement
    36   will remain eligible for one-year renewals of their EADs for so long as their asylum
    37   applications remain pending.
    38
    39
    40
    41
    42
    43
    44
    45
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 19
     1   IN WITNESS WHEREOF, the Parties have executed this Agreement, which may be
     2   executed in counterparts and the undersigned represent that they are authorized to execute
     3   and deliver this Agreement on behalf of the respective Parties.
`
     4
     5   Consented and agreed to by:
     6
     7   DATED: September 18, 2013                    Respectfully submitted,
     8
     9                                                STUART F. DELERY
    10                                                Acting Assistant Attorney General
    11                                                Civil Division
    12
    13                                                DAVID J. KLINE
    14                                                Director
    15
    16                                                COLIN A. KISOR
    17                                                Deputy Director
    18
    19
    20                                                /s/ J. Max Weintraub
    21                                                J. MAX WEINTRAUB
    22                                                Senior Litigation Counsel
    23                                                United States Department of Justice
    24                                                Civil Division
    25                                                Office of Immigration Litigation
    26                                                District Court Section
    27                                                P.O. Box 868, Ben Franklin Station
    28                                                Washington, DC 20044
    29                                                Phone: (202) 305-7551
    30                                                Fax: (202) 305-7000
    31                                                Email: jacob.weintraub@usdoj.gov
    32
    33                                                JENNY A. DURKAN
    34                                                United States Attorney
    35
    36                                                /s/ Priscilla T. Chan
    37                                                PRISCILLA T. CHAN, WSBA# 28533
    38                                                Assistant United States Attorney
    39                                                Western District of Washington
    40                                                700 Stewart Street, Suite 5220
    41                                                Seattle, Washington 98101-1271
    42                                                Phone: 206-553-7970
    43                                                Fax: 206-553-4073
    44                                                Email: priscilla.chan@usdoj.gov
    45                                                Attorneys for Defendants
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 20
     1                                   s/ Matt Adams
     2                                   s/ Christopher Strawn
     3                                   Matt Adams #28287
`
     4                                   Christopher Strawn #32243
     5                                   NORTHWEST IMMIGRANT              RIGHTS
     6                                   PROJECT
     7                                   615 2nd Avenue, Suite 400
     8                                   Seattle, WA 98104
     9                                   (206) 587-4009 ext. 111
    10                                   (206) 587-4025 (Fax)
    11                                   Email: matt@nwirp.org
    12                                   Email: chris@nwirp.org
    13
    14                                   Melissa Crow
    15                                   Mary Kenney
    16                                   Emily Creighton
    17                                   AMERICAN IMMIGRATION COUNCIL
    18                                   1331 G Street NW, Suite 200
    19                                   Washington, DC 20005
    20                                   (202) 507-7512
    21                                   (202) 742-5619 (Fax)
    22                                   Email: mcrow@immcouncil.org
    23                                   Email: mkenney@immcouncil.org
    24                                   Email: ecreighton@immcouncil.org
    25
    26                                   Robert H. Gibbs
    27                                   Robert Pauw
    28                                   GIBBS HOUSTON PAUW
    29                                   1000 Second Avenue, Suite 1600
    30                                   Seattle, WA 98104
    31                                   (206) 224-8790
    32                                   (206) 689-2270 (Fax)
    33                                   Email: rgibbs@ghp-law.net
    34                                   Email: rpauw@ghp-law.net
    35
    36                                   Iris Gomez
    37                                   MASSACHUSETTS LAW REFORM
    38                                   INSTITUTE
    39                                   99 Chauncy Street, Suite 500
    40                                   Boston, MA 02111
    41                                   (617) 357-0700 x. 331
    42                                   (617) 357-0777 (Fax)
    43                                   Email: igomez@mlri.org
    44                                   Attorneys for Plaintiffs
    45
    46
    47
         CV11-2108-RAJ
         Settlement Agreement, Page 21

								
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